Jagdish Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54536 of 2022 Arising Out of PS. Case No.-53 Year-2022 Thana- KUNAULI District- Supaul ====================================================== Jagdish Das Son Of Laxman Das, Resident Of Village- Bathnaha, P.S.- Kunauli, Distt.- Supaul ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kunauli P.S. Case No. 53 of 2022 lodged under Sections 147, 148, 341, 323, 324, 325, 354, 307, 379, 447, 448, 504 and 506 of the I.P.C.

As per the F.I.R., the allegation has been made against the present petitioner that he entered into the house of the informant and looted Rs.1,47,303/- as well as tried to outrage the modesty of the informant's wife. The allegation of assaulting by knife as well as snatching the gold chain amounting Rs. 30,000/- are there in the F.I.R..

Patna High Court CR. MISC. No.54536 of 2022(2) dt.21-02-2023 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner and the informant both belong to same village and they are adjacent neighbourers. Counsel further submits that the date of occurrence is 29.04.2022 but case has been lodged on 01.05.2022, whereas the distance between the place of occurrence and the police station is just 3 km. Counsel further submits that for the same date, place and time of occurrence, one counter case was also filed by the petitioner itself which is Annexure-2. The case numbers are Kunauli P.S. case No. 53 of 2022 and Kunauli P.S. Case No. 54 of 2022.

Counsel further submits that there are four criminal cases pending against the petitioner and all the cases have been filed by the informant's side, except one case, which is relating excise matter. He further submits that petitioner is in custody since 31.05.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.54536 of 2022(2) dt.21-02-2023 3/3 the satisfaction of learned J.M.Ist Class, Birpur, Supaul in connection with Kunauli P.S. Case No. 53 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U